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tv   Stossel  FOX News  November 21, 2011 12:00am-1:00am EST

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that is different. so freestyle lite test strips make testing... easy? easy. great. call or click-- we'll send you strips and a meter, free. free is good. freestyle lite test strips. call or click today. this hour, grim news from happy valley. >> i was just completely obliterated by the shame that i felt. >> i love penn state. i love penn state. >> it is just an emotional rollercoaster. >> is he a monster? >> jerry sandusky will likely spend the remainder of his life in prison. >> or wrongly accused? what kind of defenses will be available to jerry sandusky? >> the interviews you haven't heard. >> the hands on touchy feely. >> i think i beat myself up every day for not being able to recognize that.
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>> the details you didn't know. >> he had almost become numb. >> fox news reporting. the crisis at penn state. from state college, pennsylvania, here is john roberts. >> in early november, a pennsylvania grand jury handed down a report detailing monsterrous child sex abuse charges against former penn state assistant football coach jerry sandusky. two administration highers up charged with perjury and failing to report what sandusky allegedly did. it sent shockwaves across the united states. the motto for penn state athletics is success with honor and for decades the nittany lions lived up to that ideal. now, that hard born reputation is tan initialed. worst, many young men may be suffering from sex crimes committed against them here. it raises a fundamental question who can you trust. fox news reporting has been
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investigating, questioning, trying to make sense out of the confusion, anger and disbelief. we have learned that the bomb shell charges are just the beginning. we begin with the latest in the shell shocked penn state community. in the wake of the 40 count child sex abuse indictment against former nittany lion defensive coordinator jerry sandusky, the second mile foundation the pennsylvania charity for troubled children founded by sandusky reportedly may be shutting down. sandusky allegedly met all eight boys he is accused of sexually assaulting through the foundation. meanwhile, people like patty who worked with sandusky at second mile are coming forward with old recollections of the coach that didn't seem significant at the time but are now laden with different meaning. >> what did you think of him when you first met him and saw him? >> like most people i was in awe of him because i was always a penn state fan. and i mean this is jerry sandusky.
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>> he was a real larger than life figure, was he? >> absolutely. >> how closely did you work. >> side-by-side on many occasions. i think i got to know him pretty well. i met his family and his children. >> she also saw him with many second mile boys. >> what was his relationship like with them? >> when i look back -- when i look back and i think back he brought them as his prize. his possessions. >> were they vulnerable? >> oh, absolutely. absolutely. and jerry sandusky picked a few and picked too many and will not pick any more. >> he had a way of initiating physical contact with you at
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just about every opportunity theres. >> troy craig was is a 12-year-old in the second mile program in 1990. >> just a constant sort of hands on touchy feely thing that over time you know really made me feel more and more uncomfortable. >> craig is not one of the victims listed in the indictment. but he now wonders if he could have been. >> somebody in my family that just recently said they remembered the last time that i went with him and i came in and the first words out of my mouth were i'm not going by him any more. >> sandusky claims there is no proof of any of the charges, that is what he told nbc news but in the same interview he also confirmed many troublesome details from the indictment. that he showered with naked boys and touched others in a nonsexual way. >> it was outrageous. >> attorney ben represents a boy hoe claims was molested by
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sandusky. >> he victimized him once through the sexual assault process and now mr. sandusky he felt was revictimmizing him again in not being truthful. >> how many victims do you think are out there, ben? >> i don't know exactly how many victims are out there but i can tell you there are more out there than are contained in the grand jury presentment. >> on friday, another spontaneous outpouring of support for former penn state head coach joe paterno. penn state students the week before saluted the legend when was fired amid questions about whether he did enough to stop the alleged child abuse by his former defensive coordinator. the reason for the latest emotional gathering outside his home, the announcement by his son that his 84-year-old father is suffering from lung cancer said to be treatable. at almost the same time, sandusky at his home which has been repeatedly vandalized since the scandal erupted handed our producer a typed note "we have nothing to say at
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this time you macon attacks our attorney if you wish." in preparing this report we attempted to contact repeatedly jerry sandusky. we also reached out to tim curly and gary schulz, the two penn state administrators indicted by the grand jury for perjury. none would give us an on camera interview. nor would j joe paterno. now, david miller reports. warning, the details are not pleasant to hear. >> this is a case about a sexual predator accused of using his position within the community and the university to prey on numerous young boys for more than a decade. >> reporter: most of what we know about the alleged crimes of jerry sandusky come from the charges filed against him which were made public november 5, 2011 by the pennsylvania attorney general. >> this case involves around the alleged sexual assaults he
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committed on eight young boys from the late 1990s until 2009. >> by then, sandusky was a huge part of penn state football designing and running the stallworth defense that became the team's trademark. also founded an organization called the second mile. he started it in 1977 as a foster home but it had grown to a $9 million foundation that helped ten is of thousands of troubled kids across the state. >> it has been an opportunity for me to see some special young people overcome challenges in their life. >> one of those kids became sandusky's son. matt sandusky now 32 years old was one of six children the coach and his wife adopted and raised. >> it was sort of synonomous with him, the second mile. is why sandusky was so popular. >> but you if the allegations are true, it also provided sandusky access to vulnerable boys. victims the grand jury identified only by number. >> some of those assaults
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allegedly occurred while sandusky was a coach at penn state on the penn state campus. >> victim seven was 10 when first met sandusky in 1994. he claims sandusky made him feel uncomfortable with unwanted physical contact including touching the boy's thigh and putting his hand down the boy's waistband. sandusky also showered next to the boy. another boy, victim five, was 7 or 8 when first met sandusky in '95 or '96. the report says sandusky initiated contact with him in the shower and the sauna at penn state. one time he pinned the i would against a wall and placed the boy's hand on his erect penis. it was in 1998 that the first official complaint was filed against jerry sandusky. here is what it said. sandusky took an 11-year-old boy to the penn state football complex for a workout. they started to wrestle.
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later when in the shower, sandusky grabbed the naked child and laughterred him up. then placed him under the shower head to rinse off the soap. when the boy returned home with wet hair, his alarmed mother asked what had happened. he told her. she then called penn state university police. the case was referred to the district attorney's office. a prosecutor named ray grecar led the investigation. at one point, the mother confronted sandusky on the phone while police officers secretly listened in. she asked sandusky if he touched her son's private parts. he replied "i don't think so, maybe. "and then" i was wrong. i wish i could get forgiveness. i know i won't get it from you. i wish i were are dead ." however, the prosecutor concluded there was not enough evidence for a successful prosecution and the case was dropped. at the time, sandusky was at the top of his coaching career
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says a redding eagle sports reporter. >> he was a very big part of penn state's football success during that time. he was named the assistant coach of the year in 1999. >> in 1999, sandusky then 55 years old retired after 30 years at penn state. >> at the time, it was reported which a lot of us on the beat that jerry sandusky decided to resign because he felt he was never going to become the head coach here. we all have to wonder whether sandusky was asked to resign. nobody seems to know that answer yet. >> whatever the reasons sandusky retired and the school gave him emeritus status, an office, a phone and full use of penn state facilities. 2000, another alleged incident. prosecutors say a janitor jim calhoun saw sandusky in the showers with a boy,
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approximately 12 years old. the boy appeared to be pinned up against a wall while sandusky allegedly performed oral sex on him. a distraught calhoun told another penn state employee who had seen sandusky and the boy leaving the locker room, their hair wet. he then told his supervisor what he saw. he told him how to file an official report. calhoun never did. in 2001, sandusky published an auto biography still available at penn state book stores its title touched. full of passages that will now you make readers cringe. he writes i thrived on testing the limits of others and i enjoyed taking chances in danger. sandusky allegedly took a huge chance with a young boy in march of 2002 and was caught. the witness, mike mcquery. a 28-year-old penn state
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graduate assistant looking to become a full-time coach on paterno in's staff. he was walking through the last football building at 9:30 at night when heard a rhythmic slapping sound in the showers. he looked in and saw jerry sandusky subjecting a 10-year-old boy to anal sex. if the grand jury report is accurate a distraught mccrery did nothing to stop the rape. the next day he went to joe paterno's house and told the coach what he had seen. the day after that, pa ferraro know related the incident to tim curl will. ten days later, mccrery was called in to speak to them. it was leaks later the report says when they took action if you want to call it that. they took away sandusky's locker room keys and informed second mile of the incident. >> curly and schulz after receiving a report of the sexual assault of a young boy at lash hall in the shower by sandusky from both a graduate
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assistant and coach of the penn state football team not only did not report that incident as required by law but they also never made any attempt to identify that child. >> to this day the prosecution cannot say who that child is. >> the young man now came today and said i believe i was that young boy and he said nothing of a sexual nature occurred at that time or at any other time with jerry. >> but sandusky's lawyer told me he was approached by a man claiming he was victim number two. >> he said jerry came to him a day or two later and said someone had reported us in the shower and felt uncomfortable. i gave your name to someone from penn state who may call you about it. >> sandusky's alleged serial abuse only got more brazen but a weird twist may have delayed the day he would eventually be caught. >> police in center county pennsylvania remain perplexed where is their d.a. >> in 2005, the investigator of
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the 1998 case went missing. he hasn't been seen since. >> is his disappearance linked to his job? >> in 2005 or 2006 a boy who was 11 or 12 met sandusky as so many others had through the second mile program. he would be identified by the grand jury as victim number one. the boy would stay overnight at sandusky's resident which by the way is right next to an elementary school. according to the grand jury report, sandusky would lie face to face with him and quote crack his back. he worked his way up to blowing on the boy's stomach, kissing him and oral sex. sandusky also worked as a volunteer football coach at the boy's school. in 2009, a fellow coach saw them laying down together in the weightroom the indictment alleges and sandusky jumped up and claimed they were working on wrestling moves. when the assistant principal who had known sandusky for years through the second mile foundation heard about the activities through the victim's
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mother he informed the authorities as required by the pennsylvania child abuse reporting law. the case was referred to former county prosecutor michael madeira. but there was a catch. >> my wife's brother is one of the adopted children of jerry sandusky. >> he sent the case on to the attorney general and finally a serious investigation had begun. coming up, a campus in meltdown. meltdown. after the break. can i help you? yeah, can i get a full-sized car? for full-sized cars, please listen to the following menu. for convertibles, press star one. i didn't catch that. to speak to a representative, please say representative now. representative. goodbye! you don't like automated customer service, and neither do we. that's why, unlike other cards, no matter when you call chase sapphire preferred, you immediately get a person not a prompt. chase sapphire preferred. a card of a different color. (phone ringing) chase sapphire preferred, this is julie in springfield.
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the man who launched the investigation that could put jerry sandusky behind bars now holds the highest office in pennsylvania. he must now deal with the repercussions from his own case. i sat down with him in harrisburg, the state cap glial >> when it was put on my desk
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it was is easy to say we have to investigate it and follow it whereever it leads. >> the pennsylvania governor took office last february. before that he was the state's attorney general and a veteran sex crimes prosecutor with decades of spence. it was corbett who convened the grand jury that indicted jerry sandusky on 40 counts of child sex crimes since the '90s. >> why do you think it took so long for are this to come to light? >> children don't know how to report it. there was one case earlier that the district attorney said there is not a case there. it took the ability to use the grand jury and keep the testimony secret. why it took so long for people to come forward i can't answer that. >> two who allegedly didn't come forward, penn state athletic director tim curly and vice president of finance and business, garito arery schulz. remember, then graduate assistant mike mccrery went to him after he said he witnessed
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sandusky apparently raping a boy in the shower. he testified he told them exactly what he saw. curly denied under oath mccrery mentioned annual sex, only horsing around. schulz said he didn't remember the allegations, only that they were not that serious. the grand jury charged both administrators with perjury and failing to report child abuse to authorities. >> do you get a sense that someone was trying to protect the institution because of what it represents to the college, what it represents to the state and the amount of money that is generated by this program more than $300 million? >> i do have my own personal opinion. two individuals have been charged with perjury. why did they per ju themselves? i think that will come out. they may be found not guilty and that may change the whole perspective of this. >> and in fact, schulz and curly insist they are innocent. their boss, penn state
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president graham stood by him, quickly issuing a statement that confirmed his "complete confidence in how they hand manied the allegations against sandusky. spannier also backed paterno. paterno told curly about it. may have satisfied joe pa's legal obligation by what about his moral duty? >> it as case about children who have had their innocence stolen from them in a culture that did nothing to stop it or prevent it from happening to others. >> paterno had not been charged with any crime but the scandal was in gulfing him and his football program. the next day, the 84-year-old coach issued a statement saying "with the benefit of hindsight i wish i had done more." then he announced he would retire at the end of the season. the board of trustees he wrote should not spend a single minute discussing my status. i want to make this as easy for them as i possibly can.
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the trustees apparently didn't think paterno was doing them any favors. hours later at an emergency wednesday night meeting, they summarily fired university president spannier and a then paterno. >> joe paterno is no longer the head football coach effective immediately. >> paterno the winningest coach in football history, would miss his final home game. >> you played a huge part in the decision to fire joe paterno. was that the right decision? >> the board made the decision. it was unanimous. i support it. the only thing i said during the board meeting was you have to remember the children. >> paterno had under pennsylvania law done the right thing. he reported the incident that was reported to him to his superior. why should he fall under the axe? >> it goes back to do we have confidence in his judgment. >> on campus, the reaction was immediate.
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emotional. and even violent. >> we want joe! >> the students went to paterno's home and he came out to talk to them. >> wednesday night there was -- thursday and friday the students brought it back to this is what penn state is about. >> on friday, students held a candlelight vigil for the victims. >> theyste have to live out eah and every day with the mental scars of the tragic experiences. >> penn state! penn state. >> that same day, penn state announced it had received multiple death threats against mccrery who the indictment suggested neither stopped the child rape he witnessed nor reported sandusky to the police. >> you were quoted as saying that he gave the minimal moral initiative here. do you think he should have done more? >> i believe most people would take a look at this and say i would have stopped it. i would have reported it. i would have followed up.
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>> but this week, mccrery, a key prosecution witness was spreading a story that seemed to contradict the indictment. in an e-mail to friends he said did he make sure sandusky stopped and he reported him to university police as well. university police say they have no record of that. meanwhile, reports that more victims are ready to step forward. that is a good thing says corbett. >> i think now they can see that people will believe them and we need to know if there is more victims throughout, please come forward. >> late last week, word of another similar investigation at another big-time college sports program. syracuse university put an assistant basketball coach on administrative leave. four-year-old allegations that he sexually abused two ball boys resurfaced in the wake of the penn state scandal. governor corbett not surprised. >> you don't think this ends here at penn state? >> no, i think these institutions have become this
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big could is have happened some where else. might have already happened some where else. i hope that you will see everybody takes an introspective look and learn lessons from whatever we going to learn here at penn state and apply it across the country. >> much has been said about the damage to penn state but what about the victims? aemily's just starting out... and on a budget. like a ramen noodle- every-night budget. she thought allstate car insurance was out of her reach. until she heard about the value plan. shop less. get more. make one call to an allstate agent.
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the young boys jerry sandusky stands accused of abusing aren't revealed in the grand jury report. they are identified only by number, not named. some are unknown even to the prosecutors but an attorney is speaking out on behalf of a client he says was molested by sandusky. >> how do your client come to know jerry sandusky? >> through the second mile program. >> this attorney represents a boy identified in the grand jury indictment victim number
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four. >> i think he utilized the second mile program as a means to draw the victims in and my client took the bait. >> and he says sandusky came bearing gifts. >> you talk about gifts. access to the football team. meet the players. go to the games. i mean it is almost for a young kid that would be awe inspiring. >> i would say he was alorred with the gifts and poured concreter that mr. sandusky yield. >> talking about inappropriate touching here or actual acts of sex? >> severe sexual assault. >> how www. assaultsunfold? >> idon'twanttotellyouspecificy idon'twanttotellyouspecificl idon'twanttotellyouspecificlygt hesassaultedintheshower. >> it is not easy to come forward and muster up the courage. >> whew what kind of emotional state is he in now? >> i felt like he had almost become numb and it was difficult for him to get into any of the experiences that he had with mr. sandusky. as things have progressed forward i think he is coming to
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grips with the fact that he needs to be brave and courageous. >> how difficult was it for him to testify to the grand jury? >> it was extremely difficult for him. at the time that he came forward. he didn't feel comfortable discussing this with me let alone a room full of stranges. >> tell me about his thoughts since this whole thing has broken and paterno fired and sandusky is facing charges? >> i think that is one of the most difficult things for him right now. anybody that knows the state college area they know that penn state football is the eye den fit of the folks that live in the area and he grew up in the area. >> will your client testify against jerry sandusky in open court. >> absolutely. >> how does he feel about that. >> i think he is actually looking forward to it. >> when we come back, brian
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this is a fox news alert. i'm marianne rafferty. an al-qaeda sympathizer tasinging terror charges in fork city. arraigned sunday night. police arresting him on saturday allegedly in the process of making a bomb. police say pimental planned to use home made bombs like the one seen in the demonstration video to target police cars, post offices and troops returning home from overseas. an investigation is now underway into the use of pepper spray on demonstrators at uc davis in california. two university police officers seen her spraying protesters on friday have been placed on administrative leave. the chancellor is ignoring calls for her resignation. she will meet with protesters tomorrow. she is taking full responsibility of the incident and pledging to make sure it does not happen again. i'm marianne rafferty. now, back to the crisis at penn state. for all your latest headlines, log on to fox news .com. s, foxs channel. >> more power than the
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university president maybe even more powerful than the governor. that is what they said about penn state head coach joe paterno. his star defensive coordinator jerry sandusky was another key figure in the nittany lions success and almost as popular. >> if norman rockwell were to draw up a college football town they would come up with penn state. this is the world that hundreds of thousands of penn state players and students and alumni have lived in. joe paternot joe pa it created and jerry sandusky was with him most of the bay when paterno became head coach, enrollment increased injuries the campus got bigger. penn state became well known across the country. >> during p paterno's reign, fe
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81 defeated seasons and two national championships. the winningest coach in division one college football history. his 37 bowl appearances, 24 bowl victories records as well. frank harris played for paterno from 1969 to 1971. >> the football program would not be where it is today if not for joe paterno. >> eeohe put that program and t university on the map. >> also known for his closed practices and other secretive measures. all part of his complete control over the program. ken rapaport who wrote five books on the program notes paterno missed nothing. >> he would note someone making a mistake and would scream at them and come running. >> when watched them, he didn't just see players he saw students. >> he called it the grand
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experiment. they come here to penn state and georgetown university are and they are going to get their education. >> paterno was known to run a pristine program. no recruiting violations. no boosters giving gifts to players and players maintaining passing gpas. >> only one of two programs in the division 1 a level that never received an ncaa sanction and that is an incredible record impeccable record in this day and age. >> he also put together a highly dedicated staff. one of the most important members, was a former penn state player who had become his defensive coordinator, jerry sandusky. >> if you think about the two national championships in '82 and '86. in '82 they have to figure out a way to contain if not flat out stop herschel walker one of the greatest running backs ever and then in the fiesta bowl, vini testaverde. they take the field and have five linebackers in the game.
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i think viny threw five intersepses that night. >> he coached ten all americans. he was one of the most respected figures on campus and also probably one of the most liked. >> what could you tell me about the relationship between jerry sandusky and joe paterno when they worked together? >> as far as i know they were very close. failure, success, is disappointments and you go through that together the bond builds over time. >> something else built over time. paterno's power and influence beyond the stadium. >> would you say in this case the football coach is more powerful than the president. >> powerful than the governor i think. >> why is it that so many students who don't play football feel so attached to him and loyal to him. how many football coaches at a major university live in a modest house. walking distance to the stadium. he is is walking on campus and you can say hey, joe, why
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didn't you go for it on fourth and one. really more like a grandfather figure than a football coach. >> his fortunes started to turn. from 200 the year sandusky stepped down as defensive coordinator paterno lost more games than he won. numerous penn state players got in trouble with the law. paterno started to lose control. there was talk of easing him out. >> the story goes president spanier comes to his house and he tells him he should step down and he threw him out of his house. >> that is the story i hear. >> that shows you where the power was in that town and in that state, doesn't it. how much power did he have? >> i think he had huge power. i think you you can safely say he was the most powerful man at penn state university. >> after an 11-1 season in 2005, it appeared pa ferraro step down as head coach only at a time of h his choosing. then came the stunning charges against jerry sandusky and then paterno's fall.ar
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>> when we look at penn state you to take a step back and say is that really the penn state that i think i know. >> outside the stadium behind the statue of the coach are pa ferrarpaterno's own words. i hope they write i made penn state a better place not just that i was a good football coach. >> joe paterno hopes that they write that he made penn state a better place. surely he did in many ways but the ending of this story will not be written for quite some time. sorting out the repercussions on campus and in the courts, on campus and in the courts, when we [ female announcer ] age doesn't look the way it used to.
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penn state is a wonderful university. has a splendid student body and its campus has been an extraordinary place to spend a week. even at a barbecuing bash time students confront uglywhen the0 possibilities that their institution or at least some of its leaders fell far short of the values this school in stills. penn state is a college desperately in need of healing. >> i was just completely obliterate. >> it was rough when it was first announce. >> really sad and really hard to get through. >> and it all started last week during the final home game. >> penn state. >> the stadium was a sea of
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blue in honor of jerry sandusky's alleged victims and before the kickoff the lions and rival hor cornhuskers met t midfield for a moment of silence. a prayer for recovery that lasted nearly a minute. >> what has been the general mood around the campus since this all came out? >> i think initially the first couple of days a lot of students were confused. angry, heart broken. >> t.j. baird is the undergraduate student president. >> we were learning all the details from the media. the news kind of broke that joe paterno was being fired. the students their emotions boiled oh he serri. >> this scandal has absolutely rocked a place that is affectionately known as happy valley where students acknowledge living in a bubble of rich penn state history and a rabid enthusiasm for all things football. now, that bubble has been burst in ways none of them could have
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ever imagined. in classrooms across campus, students are now beginning to talk about their feelings. the effects on a legendary institution that for some has been a part of their lives literally since birth. penn state baby blanketaby that he was swaddled in when i was born. >> malcolm is leading this class. >> a former sports write. i heard fema compare it to a fallout after a death in a family. crying every day for x number of days. that happens very rarely. >> 9:53 is when joe paterno found out. >> mike poorman has been teaching a class called joe paer in know communications not the media for four years. these days the expenditures are part theory part therapy. after the class i sat down with five students, all of them struggling to make sense of it all. >> anger, frustration. >> ashamed to be a penn stater
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with the riots going on. >> i don't know if i will be able to fully believe that he didn't do anything to help the kids but if he did know that that would be one of the biggest acts of betrayal. >> college is a defining experience for young people but for the 45,000 students here, their college experience may be defined by this scandal. >> your birthday was last wednesday. how will you always remember your 21st birthday? >> that on my 21st birthday the winningest coach in college football was fired. >> the sense of loss among these students isn't just the football legacy. >> i have been getting hundreds of e-mails ever since this has happened and i would say 85% of them are pertaining to initiatives, projects we can could to help prevent this from happening and honoring the victims. >> it is hard to think about the victims all the time when all that you are hearing about is joe paterno. i don't want to read another story about joe paterno. i'm over it. >> adding to the feelings of betrayal, confusion and anger the college is consumed by
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rumors that are devastating students. >> they are judging the students as if we had something to do with all of this. >> i had a bunch of friends that got rejected from internships. >> one man said he would never hire a penn state student, but neither fox news nor school officials found any evidence that the rumors are true. everyone on campus knows the scandal is far from over. more victims will come forward and criminal proceedings and civil lawsuits and more officials may lose their jobs. there is still hope while it years, the victims ands the penn state will some day recover. >> as long as we remember that those years mean more than a couple of days we will be able to refocus and regain that pride and move forward. >> coming up, how strong is the case against jerry sandusky and what about the others? gregg jarrett
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as the initial shock of the scandal starts to wear off the size of the legal mess is growing. here is gregg jarrett on what to expect. >> we may know a lot more about the case against jerry sandusky after a preliminary hearing on december 7. but right now it looks pretty strong to veteran sex crimes prosecutor linda fairstein. >> i think it is an overwhelmingly powerful case. not only is there detail from each of the victims but also findings by the grand jury about the credibility of particular witnesses which corroborates the testimony of the victims. >> what kind of defenses will be ai available to jerry sandu? >> his defenses will be very
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limited. the i didn't do it, i wasn't there, i don't know these boys is certainly not going be the defense have. >> that is because when sandusky went on t swrsmed bob costas to deny the charges he ended up making some remarkable admissions. >> costas asks are you innocent? sandusky? well, i could say that, you know, i have done some of those things. i have horsed around with kids. i have showered after workouts. i have hugged them. i have touched their leg. without intent of sexual contact. >> i must say as a prosecutor it sounds like a guilty man and a foolish man for having answered these questions. >> it may be harder to convict penn state athletic director tim curly and vice president gary schulz, both charged with perjury and failure to report says fox news senior judicial analyst judge andrew napolitano. >> perjury is not an easy crime to prove. every conceivable ambiguity in
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what they said and knew will be construed in their favor and against the government. >> one potential ambiguity sur rounds the penn state assistant coach, a key prosecution witness. as we noted earlier, he appears to have changed his story about what he said and did after he allegedly saw sandusky rape victim number two. but former california prosecutor kimberly guilfoyle doesn't think it is a big deal. >> i would argue that the jury the fact that he still says and is consistent on the most important part which is that he witnessed jerry sandusky commit a sexually violent act against a child. >> of course, the criminal trials are only the beginning. but the civil lawsuits might not unfold as you expect. attorney greg has represented more than 200 victims of sexual abuse by catholic priests. many from his hometown in new jersey. >> all i hear, greg, is discussions about how there is
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going to be multimillion dollar lawsuits. but the problem is most of the victims including six of the eight have no rights because in pennsylvania as with many states the legislation prohibits them from suing the entities after the time they turn 21 years old. >> they can't sue penn state most of them. >> absolutely. >> the lawyers for the six who cannot sue penn state are going to advance to the court, creative theorie theories abouw penn state can be he sue. >> you would find a way were you the judge to try to make the civil lawsuit against penn state viable. >> i think i would. this is not a he said she said. assuming the facts are as alleged the plaintiffs are the most sympathetic innocent people on the planet and penn state knew or ought to have known and willfully looked the other way so that is when a judge intercedes to bring about substantial justice.
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>> the alleged victims can sue jerry sandusky? >> that's right. >> but if sandusky is found guilty of these crimes he will almost certainly be left with no assets to compensate any victims. >> those lawsuits and judgments against the perpetrator are pointless. they are not worth the paper that they are written on. >> when you read this indictment is angers you? >> it does. not only did i have the opportunity to represent hundreds of victims but i have actually grown up with victims. these men in this indictment will tell you that it is something that they are going to have to live with forever. >> college football coaches are special leaders. they rally their players to courage, self-sacrifice, integrity and trust. those are the virtues of great citizens, too. heros on the playing field often become heros in life. but sometimes not. if the allegations are true, some penn state coaches and
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administrators lacked those winning virtues when it really counted and countless young people and a fine institution have suffered as a result. that is our program. i'm john roberts.
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